Colorado Springs Sexual Abuse Lawyers
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*We are unable to accept sexual abuse claims at this time due to the Colorado Supreme Court’s recent ruling that voided victim’s right to bring a civil claim.*
Sexual Abuse Lawyers in Colorado Springs
Experienced Law Firm for Victims of Sexual Assault
Are you or a family member a victim of sexual abuse or assault in Colorado? With the help of our Colorado sexual abuse attorneys, you may take the next step.
- We’re behind you. You’re not the only one going through this.
- Consultations with lawyers that are both free and confidential
- You owe us nothing unless we win your case for you.
We understand there are concerns on your mind. In addition, we understand that you may not be ready to come forward at this time. Be as open and honest as you are comfortable with. If you have any questions or concerns, we will take the time to address them and provide you with your alternatives. To schedule a free consultation, call our office or send us a message right away.
Are you or a family member a victim of sexual abuse or assault in Colorado? If you have been the victim of a sex crime, we can help. In and out of the criminal justice system, you have a wide range of legal protections that you can use to your advantage. Eligible assault and abuse survivors may be able to pursue justice and financial compensation by filing a private civil case against those who committed the crime.
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Legal Assistance for Victims of Colorado’s Sex Crimes
A dreadful injury had been inflicted on you. Someone harmed you. Understandably, you’re feeling a wide range of strong and painful emotions. It is normal to feel all these emotions after experiencing such a traumatic event. Recognize that you are not by yourself. Even though it may feel like no one understands, we are here.
Abuse Guardian is supported by a network of sexual abuse and assault attorneys around the United States. Our network has teamed up with the Colorado Springs-based law firm Warrior Law to take on cases there. Warrior Law’s attorneys have been helping sexual abuse survivors find their voices and speak their tales since 2017.
Sexual assault and abuse victims can rely on our legal team to help them stand for what is right and demand justice. Justice can be obtained. You still have alternatives after the criminal court system has dealt with your case.
The civil justice system allows victims of abuse and assault to pursue accountability and financial compensation on their terms rather than through the courts. To understand more about your legal options, you can contact our legal staff at any time for a free consultation.
Since Warrior Law’s inception, its seasoned litigators have recovered millions of dollars for its clients.
Attorneys who believe in you and exclusively care about safeguarding your best interests are the ones you want on your side. As a victim of sexual assault or abuse, you have a wide range of options regarding legal representation. We appreciate your interest in our firm and invite you to schedule a free initial appointment with one of our lawyers.
NO FEE UNLESS WE WIN
Legal Counsel for Victims of Sexual Assault and Abuse in Colorado
Expert litigators with a proven track record of calling negligent parties to account in sexual abuse or sexual assault cases are the driving force behind our Colorado litigation team. For years, Warrior Law’s sexual abuse and assault litigation team has represented a wide range of clients in various challenging matters. A competent legal team led by partner Jeff Gibson assists survivors with civil lawsuits, provides tools and assistance to aid healing, and assists with parallel criminal processes.
Child Abuse Attorney
Children are considered safe in daycare. These facilities are, unfortunately, places where people can be abused sexually. Suppose you suspect your child has been harmed at daycare or preschool. To schedule a free consultation with our experts, call us today.
A lawyer for victims of hospital abuse
As a patient, you have high expectations for your stay in the hospital and your eventual recovery. Abuse can be perpetrated on you because of your position of vulnerability. Please contact our office immediately to obtain additional details and legal guidance.
Attorney for Employees Suffering from Abuse at Work
Another area where sexual abuse is frequent and underreported is in the workplace. Get in touch with us immediately if you’ve been a victim of workplace violence.
In the end, You’re Not Alone.
We believe in you and feel your story deserves to be shared. As a result, sexual assault survivors often remain silent out of a false sense of shame or dread coming forward to report their experiences. Childhood sex abuse survivors, on the other hand, are often unable to come to terms with the idea that they were sexually abused as children. Nothing is wrong with you. In no way, shape, or form did you earn this. Abuse, assault, and coercion are human rights violations and should not be tolerated. A human being deserves respect and affection; you deserve to be treated that way.
Survivors are Safe and Empowered Under Colorado Law
It is possible to recover. Several common law cases in Colorado allow victims of sexual abuse and assaults to seek compensation from those guilty for their actions. A victim of abuse or assault may be entitled to sue the perpetrator and any institutions, individuals, or organizations who assisted in the abuse.
Anyone can be a victim of sexual assault or abuse. It could be a close friend or family member, or it could be a well-respected physician. Anyone from a clergyman to a police officer to a caretaker could be involved. It’s usually someone we know, rather than a stranger, who brings it to our attention.
THE CRIMINAL JUSTICE SYSTEM DOES NOT ADEQUATELY SUPPORT SURVIVORS OF CRIME.
Regardless of the circumstances, sexual abuse and sexual assault are serious crimes that should be dealt with quickly. The criminal justice system pursues and prosecutes direct perpetrators, and convicted criminals are held in prison. However, there is typically a shortage of assistance for survivors. The criminal justice system was not set up to help victims of crime but to punish those who commit them. That implies there are very few resources available to those who have been affected by the disaster.
Justice can also be obtained through the civil justice system. Are you need solid assistance, knowledgeable direction, and unrivaled resources? Contact a civil sex abuse and assault attorney to find out more. Our seasoned lawyers are dedicated solely to serving your best interests while seeking redress. There is nothing else for us to do.
THE REASONS SURVIVORS SEEK OUT CIVIL JUSTICE
The criminal justice system allows offenders who have violated societal norms to be held accountable and punished. This is an essential piece of work. However, it fails to center the issue on survivors. The roles are reversed in the civil justice system. For victims, the limelight is yours because of your efforts to hold offenders and the institutions that enable them responsible. As a result, your case revolves around you as the only person who matters.
VARIOUS LEGAL HYPOTHESES TAKING LEGAL ACTION AGAINST A VICTIM
However, Colorado’s strong criminal code also provides survivors with powerful civil tools to pursue their suits against criminals. Colorado’s civil courts authorize three legal theories for bringing civil actions against those directly responsible for committing sex crimes:
- Assault is defined as an action or threat of action that places another person in fear of imminent bodily injury (raising your first to strike someone)
- The battery is the act of completing an assault by touching the victim in a way that arouses the victim’s fear of physical danger (actually punching someone)
- excessive and outrageous behavior that knowingly or negligently inflicts significant emotional suffering
Individual claims against a defendant are common in most cases of sexual assault and abuse. It is common to think of rape and other forms of abuse as an assault first, followed by physical contact to make good on the threat. Rape, assault, and childhood sexual abuse are plainly “extreme and outrageous,” They create substantial emotional distress. Intentional emotional pain comes along almost as a matter of course.
Lawsuits for Sexual Assault and Abuse by Third Parties
Because of the state’s longstanding civil law heritage, survivors and the loved ones of those who have been abused can bring a civil lawsuit against institutions or organizations that enable the abuse by supporting the perpetrators or failing to take steps to prevent it.
Clergy Abuse Lawyer: Church Problems
Many incidences of abuse and assault result from an institution or organization turning a blind eye to abuse and failing to take action to stop it. When you think of the Catholic Church, think of how it has hidden child molesters from secular authorities for decades and decades by concealing abuse cases and fooling the public about what happened.
As you might imagine, this kind of behavior is completely inappropriate. However, the Catholic Church has done so and will continue to do so to shield perpetrators of abuse from accountability. The Catholic Church’s decades-long policy of protecting child molesters is at the heart of every priest sex abuse case.
Fortunately, a new wave of public outcry has compelled the Catholic Church to face up to its previous mistakes. Hundreds of clergy sexual abuse victims are seeking justice around the country.
As part of their role, prosecutors are creating new task forces to investigate and convict priests who have abused minors. Survivors and the loved ones of those they’ve lost can sue the Church in private, which is how much of this work is being done.
As a civil justice system, it can do so much. It gives those who have been affected a voice in the legal system. Hundreds of clerical sexual abuse victims are suing the Catholic Church today, demanding accountability and financial compensation for their suffering.
Plaintiffs’ attorneys claim, in court records, that the Church has engaged in gross negligence by protecting child molesters while simultaneously failing to investigate and punish victims of sexual assault.
WHAT DOES IT MEAN TO BE NEGLIGENT?
Negligence is a legal notion that underlies most sexual abuse and assault litigation, especially when the perpetrator is not named as a defendant. Negligence is, at its core, the willful or reckless disregard for another person’s safety and health, but it necessitates a responsibility first.
As an illustration, consider a daycare facility. Children and their parents have a right to expect that child care centers will provide proper care for their children. One component of this duty is to do all they can to avoid or lessen the likelihood of child sex abuse.
Child care facilities can perform this duty in various ways, including installing security cameras to monitor child care areas, conducting thorough background checks on potential employees, or enacting policies to ensure that no employee has access to children unless a supervisor is on-hand to supervise them. To lessen the possibility of sexual abuse, these strategies have one purpose in mind.
DEFENDANTS’ NEGLIGENCE CONTRIBUTES TO ABUSE
What happens if a child is abused at a child care facility? In addition to pursuing the prosecution of the abuser, parents can also contact an expert sexual abuse attorney for additional inquiries.
Negligence on the part of the child care center was most likely a factor in the abuse that took place. Because of a lack of thorough background checks on the perpetrator, the facility may have missed an earlier conviction for sexual assault.
For another, it is possible that surveillance footage from a shared child care area was not properly monitored by the center, leaving no evidence of sexual abuse. Or, in violation of the center’s protocols, the perpetrator was left alone with the children.
Child care centers that fail to meet their responsibilities to the children in their responsibility are examples of neglect.
LAWSUITS ALLEGING SEXUAL ABUSE BY A THIRD PARTY HAVE NEGLIGENCE AS THEIR ROOT CAUSE
Victims and their families have the right to sue a negligent organization or institution for monetary damages due to sexual assault or abuse. Often, survivors and parents can launch a civil action against the entity, laying out their claims and requesting damages.
Many organizations and institutions are responsible for protecting their members from being sexually abused or assaulted. Schools and universities owe it to their students to put strict policies against assault and abuse in place to lessen the likelihood of sex crimes.
Massage centers owe their customers to keep them safe from assault by doing background checks on all of their massage therapists before they are hired and promptly responding to any complaints of abuse.
Hotels and motels are responsible for protecting their guests’ and guests’ belongings against criminals. Patients want doctors to conduct themselves professionally at all times. On and on it goes. To fulfill their responsibilities to protect their participants from assault and abuse, these institutions, persons, and organizations owe a duty of care to those individuals, institutions, and organizations.
ATTORNEY FOR VICTIMS OF SEXUAL ASSAULT: SEEKING JUSTICE
In the event of a sexual attack or abuse, you or a loved one may be entitled to compensation through the courts.
In some cases, you may have the right to file a civil lawsuit against those responsible for your injuries to hold them accountable in court. As a Colorado resident, you have the right to do this. The criminal justice system plays an active and crucial role in the pursuit, prosecution, and incarceration of the direct perpetrators of sex crimes to bring them to justice. They can be held responsible for their acts and punished or imprisoned for molesting or sexually assaulting children.
THE ROLE OF THE STATE IN COMBATING SEXUAL ASSAULT AND CRIME
There is another story to tell in many situations, a story about the organizations, corporations, and cultures that allowed sexual abuse to occur in the first place.
Every massage facility that fails to protect its customers has a massage therapist who sexually attacks a client. Every time a priest sexually assaults a kid, a Catholic diocese might be held accountable for failing to do enough to stop it. There is a hospital for every doctor that inappropriately touches a patient.
REASONS FOR HAVING ACCESS TO CIVIL JUSTICE
Because these are stories of negligence and contempt for the safety and well-being of others, the criminal justice system is not suited to pursue these extra defendants.
Because of this, the civil justice system was created. You and your family can hold these additional third-party defendants liable for their omissions and wrongdoings through civil action. You can make amends for the harm done to you and your loved ones.
ACCOUNTABILITY OF INSTITUTIONS IN THE FACE OF MISTAKES
Concerning its decades-long policy of shielding child molesters, the Catholic Church might face civil action. Hospitals can be held liable for allowing dangerous predators to practice medicine through civil action in the US.
It is possible to hold child care facilities and nursing homes liable if they fail to do proper background checks and allow predators unrestricted access to elderly patients. These stories keep our lawyers up at night – the stories of people like you and your loved ones who have been wronged. Our sole objective is to expose the truth.
If you or a loved one has been a sexual assault or child molestation victim, you can count on us to vigorously defend your rights. Everything we do is centered around serving your needs.
CLAIMING VICTIM MISTREATMENT IN A COLORADO SEXUAL ASSAULT CASE
Sex crimes like sexual assault can ruin life. If you or a loved one has been sexually assaulted, we support you and your family. These are all-natural responses to a traumatic event, such as shame, humiliation, fear, rage, and sadness. There is no need to hide in the shadows. It’s important to remember that your past doesn’t define who you are today. What has damaged you is only a small part of who you truly are. You have a lot of inner strength. You have a lovely face. You are so much more than the sum of your parts.
YOU WERE NOT TO BLAME.
Whatever the case, you should realize that you have nothing to be ashamed of. Nothing is wrong with you. You are entitled to a wide range of powerful legal protections as a victim. Taking action and holding those responsible to account is an option. You can rediscover the sound of your voice. Civil law in Colorado has a long history of allowing victims of sexual assault to seek restitution.
LEGAL SOLUTIONS CAN BE FOUND IN THE COURTS OF LAW.
Almost universally, it is agreed that those who commit sexual assault should be held accountable and punished severely. However, the current criminal justice system does not adequately support those who have been sexually assaulted. Many survivors of sexual assault feel exploited rather than helped during their time in the criminal justice system after the trials.
Another choice exists. Our advice is to fully participate in the criminal justice system and use all of your rights as a victim of crime, but you should also be aware that you have alternative possibilities, such as a civil lawsuit in your own right.
The criminal justice system ignores survivors’ needs. Emotional and financial support are sometimes absent. However, you can also take advantage of the civil justice system. To get justice on your terms, you may be able to initiate a private civil case.
GETTING STARTED WITH A COMPENSATION CLAIM
In addition to collecting reimbursement for medical expenses, lost income, and damages for pain and suffering, an expert attorney can help you fight against those responsible for your injuries and hold them accountable for their actions.
As a Colorado resident, you have the right to do this. You are solely responsible for your legal action. Just you, your narrative, and the jury stand in the way of justice.
It’s up to you to decide on this. We can’t make it happen for you, but we know that bringing a case and seeking redress can be a significant step toward healing. You can take control of a situation that may feel out of your control. Our legal team’s whole focus is on defending your rights.
INCREASE IN SEXUAL ASSAULT LAWSUITS OFFERS HOPE AND POTENTIAL FOR PROGRESS
You’re not the only one going through this. Thousands of sexual assault survivors throughout the country are speaking up in the aftermath of the #MeToo movement and societal shifts in how we view sexual assault.
Many of our lawyers have watched in amazement as victims of sexual assault and abuse from all over the country have begun to tell their experiences of trauma and recovery online over the past five years. Many survivors have decided to launch civil actions in private to hold their perpetrators accountable.
ATTAINING A CLEAR OBJECTIVE
It is a fact that all of these survivors have in common: they know that holding the perpetrators of sexual assault accountable isn’t enough. Assaulting a woman is not merely a crime perpetrated by one individual against another. Part of the problem is the prevalence of sexual assaults in institutions, enterprises, and organizations.
As a result, many sexual assault lawsuits include additional third-party defendants, such as a massage parlor owner who failed to complete a thorough background check on the massage therapist who assaulted the client. There is a medical practice for every doctor who assaults a patient. It’s not uncommon for a facility manager to be complicit in mistreating a person by a nursing home employee.
Holding Third-Party Providers to Account
These are long-term errors of judgment. Legally, these actions are known as instances of negligence, defined as a failure to exercise reasonable care for the safety and well-being of others.
Most of the time, however, these are not crimes that can be prosecuted, and the organizations or businesses responsible for them will not be held accountable. Most of the time, criminal charges are only brought against those involved in the act.
Civil justice is powerful because of that. Survivors of sexual assault can seek redress in civil courts across the country by using the third parties who allowed the crime to occur. As a result, you can finally take a position against the institutions and power structures that enable sexual assault. In Colorado, you can do that.
It is possible to bring a lawsuit against a college or university if they fail to protect students from dangerous sexual predators. You can sue health care facilities for allowing predators to abuse their patients.
Businesses can be held responsible for allowing harassment and sexual assault to take place in the workplace. Guests and occupants of hotels and motels might be held liable if they are not appropriately protected. It might be held liable if a police department fails to discipline its officers.
This is by no means an exhaustive list of those who could be named as defendants in a sexual assault lawsuit, but the point is well-made. As a result of their delay or wrongful conduct, institutions, businesses, and individuals can be held liable for facilitating sexual assault.
If a doctor, coworker, or massage therapist has sexually assaulted a patient, a lawsuit can be brought against them, as can any other party directly implicated in the act.
- Victims can sue direct perpetrators in Colorado under three inter-linked legal doctrines known as intentional torts:
- Assault – While most people associate the term “assault” with an act of violence, in civil law, the term has a very precise meaning. When a civil action involves “assault,” it refers to the threat or attempted use of violence, not the actual use of force. Even if there is no physical contact, assault may still hold. A gesture, action, or remark evokes fear of imminent bodily harm.
- For the tort of assault, bodily contact is considered “battery” under civil law. According to official definitions, “battery” refers to intentional offensive or harmful contact with another individual’s body without that individual’s consent. Most sexual attacks fall into this category, which should be no surprise.
- Emotional Distress Inflicted on Purpose – The intentional inflicting of emotional distress, or the tort of outrage, is self-explanatory. By acting extremely and outrageously, such as threatening future damage to someone else to inflict emotional distress, the defendant might be found guilty of emotional distress.
Most sexual assault lawsuits seek restitution from the perpetrator by alleging one or more of these three types of intentional torts. In most circumstances, the three independent claims against the offender appear simultaneously.
How Negligence Plays Out in the Real World
However, third-party defendants (such as the employer or hospital where a direct perpetrator worked) are often sued under the legal principle of negligence when a third-party defendant is sued. Negligence, in its most basic form, is a failure to fulfill a responsibility.
Taking Care of Others
If you think about it, most corporations and institutions have a legal and ethical need to decrease the danger of sexual assault as practically practicable. A prior duty must exist for a claim of negligence to hold. There is a duty to prevent sexual assault in these places: massage spas, medical offices, hospitals, college campuses, workplaces, hotels and motels, railroad lines, vacation destinations, mental facilities, sports clubs, and schools.
Example: Sexual Assault in the Nursing Home
Nursing institutions, for example, owe it to their residents to keep them safe from any forms of damage, including sexual exploitation and abuse. While there are some things that every respectable nursing home does, this obligation can be achieved in various ways. Sex-crime convictions are a red flag for nursing homes, so they must conduct thorough background checks before hiring new personnel. There are also policies in place in many nursing facilities that prohibit employees from spending time alone with patients.
When a facility fails to protect its people and a sexual assault occurs due to its inaction or wrongdoing, it is negligent. A background check or a thorough analysis of security camera footage may have gone unnoticed by the nursing facility.
It’s possible that staff with a history of inappropriate behavior was left alone in a resident’s room. What constitutes negligence is a failure to respect one’s obligation to protect oneself and others.
The majority of sexual assault cases are the result of someone’s carelessness. An attack victim can file a civil action against a business, employer, or organization if they carelessly allow a sexual assault under their care.
Suits for Harassment of Minors
Was your child a victim of a Colorado predator who molested her or him sexually? Are you still dealing with being sexually abused as a child? Our attorneys are here to help you cope with the powerful and terrible feelings you’re going through right now. Whatever your emotions are in the wake of a traumatic event, you should expect to experience these emotions.
It is your legal right to pursue legal action in civil court. As Someone Who Has Been Sexually Assaulted,
You and your family may be able to initiate a civil lawsuit against the guilty parties, requesting justice and financial compensation.
You have nothing to do with it. You are not at fault and have the power to defend yourself. Whether you were the victim of sexual assault or a loved one, you have the authority to hold those responsible and those who enabled it accountable. You may hold them all responsible for their actions by bringing a private case.
Cases Involving Sexual Abuse and Third-Party Defendants
In our society, no one would ever condone the sexual molestation of minors. However, every day, corporations and institutions in the United States contribute to the continuation of child sex abuse. Unfortunately for these establishments, the criminal justice system isn’t geared up to hold them liable.
Priests, doctors, and sports coaches who prey on their young charges are examples of those the criminal justice system was created to target for punishment and incarceration. Nevertheless, how can we hold accountable those responsible for the abuse, such as the Church, the doctor’s office, and the school? Who is responsible for the actions of these additional third parties?
Attorney for Victims of Child Abuse Explains Civil Justice’s Role
You’re responsible for it. In this way, the civil court system can exert its influence. Child abuse is punishable only against the person who committed the crime and not against those who allowed it. This is true for both direct perpetrators and those who allowed the crime to occur. A courageous family takes matters into their own hands by filing a civil case, demanding accountability and restitution for the harm they’ve caused.
A tremendous voice is yours to use. Predators seek positions of power because they provide them with easy access to young children. To obtain power over children, child molesters look for jobs in sectors such as the priesthood and the Boy Scouts, as well as elementary, middle, and high-school teaching.
Those who are dangerous sexual predators intentionally seek professions that allow them unrestricted access to young children is not a coincidence. But who decides to put these vultures in charge? And who keeps them in power even though they have been accused of sexual abuse?
Taking Legal Action Against Third Parties Who Were Negligent
Sexual predators are typically protected by these institutions, organizations, and companies. To protect their reputations, they avoid confronting the reality of sexual abuse by turning the other cheek.
It’s not uncommon for organizations like the Catholic Church, which has a long history of sexual abuse, to go to great lengths to quiet and disparage those who have come forward to report it. Anyone who behaves in such a way should be held accountable for their actions.
Attorney For Victims Of Child Sexual Abuse: The Importance Of Negligence Abuse
When a nurse walks in on a pediatrician and his patient having sex, he or she doesn’t tell anyone else about it. Even a single doctor from Michigan molesting hundreds of gymnasts under the pretext of medical care can be an example of a large-scale sexual abuse cover-up like the Catholic Church.
Child sex abuse and neglect go hand in hand.
Negligence is shown in the following examples.
Someone had the power to stop the abuse in each of these situations. It is possible that someone in a position of authority—a manager, a nurse, or even a university president—has learned more than they care to admit but has chosen not to act on that information.
Instead of reporting allegations of sexual assault to the police, the head of a Catholic Diocese moved an offending priest to another parish. Similarly, a private boarding school’s headmaster knew about and did nothing to stop its students from engaging in a dangerous hazing ritual.
A disregard for the safety and well-being of others is a form of neglect. Moreover, children lose out in these situations. The fact that none of these institutions, establishments, or organizations would openly support the molestation of children does not excuse them from making or failing to make decisions that permit sexual assault, which breaches their sworn ethical and legal duty to protect children.
Who Is Responsible for the Misdeeds?
These people are answerable to you. Survivors and families of child sexual abuse in Colorado can seek redress thanks to the state’s longstanding civil law heritage. We believe your story should be told, and we are here to support you.
The most common cause of personal injury litigation is someone else’s carelessness. A third-party defendant, like the Catholic Church or a daycare center or school, is no exception regarding child sex abuse claims. Courts can penalize anyone for failing to intervene when a kid is being abused, either by concealing the abuse or failing to report it.
Taking Legal Action Against the Persons Who Committed the Crime
The direct perpetrators of child sex abuse can also be sued in civil court. They can be held accountable in a civil court of law for the actions of individuals such as priests and physicians and school instructors, and summer camp counselors.
Assault, battery, and intentional infliction of mental distress are not negligence claims but deliberate civil torts (wrongs). These so-called deliberate torts are based on well-established legal doctrines. Making another person fear immediate harm, touching them in an offensive or damaging manner without their consent, or engaging in behaviors that cause serious mental distress are all civil offenses punishable by law.
Any sort of sexual assault on a minor is assault, battery, and intentional infliction of emotional distress. This should be self-evident. An action for damages against a perpetrator would be founded on these legal arguments.
It is possible to present a far wider story in civil court, one about the establishments and businesses that allow sexual abuse to occur because of negligence. A civil lawsuit can potentially hold these third-party defendants liable.
Civil and criminal lawsuits are distinct in many respects
Legal proceedings in the criminal court system are distinct from civil lawsuits. Criminal prosecutors pursue justice for the community while prosecuting an offender, and the victim of the crime receives minimal consideration in the process.
There is, nevertheless, a glimmer of optimism. There are now considerably more services for crime victims in general, and judges are increasingly considering financial restitution (the payment of a monetary sum by the offender to the victim as part of the criminal sentence) as an option in their sentencing decisions. Crime victims are not at the heart of criminal prosecution but rather a society as a whole. This is a fundamental flaw in the system.
As we’ve already mentioned, the civil justice system presents an alternative. No, the two justice pathways are not mutually exclusive, as previously stated. The same act of childhood sexual abuse might lead to both criminal and civil proceedings. A lot of the time, material uncovered during criminal processes can also be re-used in civil trials.
Survivors and their best interests are central to civil action, but that’s not the most important thing. Instead of being held accountable to the rest of society, the defendant now has to answer to the person damaged, which is you and your loved ones.
It’s Your Case, So Make Your Own Choices
It’s also critical to consider your power over your environment. Survivors of sexual abuse have little control over the prosecution’s course of action in criminal proceedings. Despite victim impact statements, the victim’s desires and aims are rarely considered in criminal court. In this case, it’s the prosecution’s, not yours.
The civil justice system, on the other hand, reverses this equation. Your civil litigation is yours and yours only. Decisions you make directly impact your case. Go to trial or settle; it’s up to you. And your lawyer’s main goal is to safeguard your interests.
Sexual Assault and Child Sexual Abuse in Colorado
Sex crimes abusers are held to account by Colorado’s strict criminal laws, but the state’s civil laws empower victims to take action on their terms and pursue justice.
Every state has criminalized sexual assault, rape, and child molestation, but the legal definitions and penalties vary from state to state.
Colorado Definitions and Penalties for Sexual Offenses
When prosecuting sexual assaults in Colorado, criminal defense attorneys can use 12 criminal offenses, including incest with minors and rape and sexual battery, at their disposal. There are also components of Colorado’s civil code that can assist sexual assault and abuse survivors in addition to these criminal provisions.
Basic legal doctrines such as medical malpractice and negligence can be used in court for responsible parties’ accountability, justice, and monetary compensation.
Survivors of sexual assault and abuse will find this comprehensive information on Colorado law (criminal and civil) quite helpful.
Adult Victims of Sexual Assault and Other Related Crimes
Depending on the gravity of the violation and the context in which it occurred, crimes in Colorado are classified into various categories. Penalties are determined by the type of crime committed.
A rape in Colorado occurs when a person knowingly or intentionally engages in sexual conduct with another without the other person’s knowledge or consent or when the other person’s mental incapacity renders them incapable of understanding that they are engaging in sexual conduct with another without the use of force or imminent threat of force.
- Rape is a Level 3 felony,
- which carries a three-year prison term.
- Rape in Colorado can be divided into two types, however, based on the specifics of the case:
Class A Felony is charged.
- In cases when the victim is disabled and does not give consent, a
- In cases when the victim is disabled and does not give consent,
- Serious bodily harm or the use
Threat of fatal force in perpetuating any sexual offense.
- Class B Felonies
- intercourse can take place
- if the victim is mentally incompetent or deficient or
- if the victim does not know intercourse is taking place.
Rape is a Class A felony that carries a maximum sentence of 30 years in prison and a fine of $10,000. If you are charged with rape, you might face up to ten years in prison and a $10,000 fine if found guilty.
Non-consensual touching to arouse or satisfy sexual urges constitutes a crime of sexual battery. Colorado’s criminal code defines the offense as when a defendant makes sexual advances toward another person to satisfy their own
- Another person’s sexual desires when the victim is either forced to consent by force or threatened with force; is mentally impaired and thus unable to consent;
- When the defendant makes advances toward another person’s genitals,
- Pubic area, or genitalia.
In Colorado, sexual battery is a Level 6 felony punishable by up to one and a half years in jail. Level 4 felonies carry a minimum sentence of two years in prison when the defendant:
- uses or threatens to use deadly force; or
- is armed with a deadly weapon; or
- the commission of the offense is facilitated by furnishing or knowing that the victim was furnished with a drug or controlled substance without the victim’s knowledge.
A Class C felony, which carries a minimum sentence of four years in prison and a fine of up to $10,000, can also be charged with sexual battery.
Criminally Irrational Behavior
Non-intercourse sex activities, types of sexual enjoyment with the mouth or anus and the anus or vagina of another person, and crimes in which a foreign object enters the anus or vagina of the victimare all examples of “deviate sexual intercourse.”
If the perpetrator knowingly or intentionally causes the victim to perform or submit to deviant sexual conduct when the commission of the offense is facilitated by the perpetrator knowing that the victim was supplied with a drug or controlled substance without the victim’s knowledge,
criminal deviated conduct constitutes a Class A Felony in Colorado,
- punishable by a maximum of 30 years in prison and up to $10,000 in fines.
- the perpetrator forces the victim to engage in deviant sexual behavior while they are aware of the victim’s incapability to consent;
- the victim is compelled to do so by a credible threat of force, or
- the victim is compelled by force
Sexual intercourse or other sexual activity between a person 18 years or older and another person biologically related to the defendant is a Level 5 felony in Colorado, regardless of how distant the relationship is.
When the victim is under 16, the crime is a Level 4 felony. Even if the victim gives her agreement for the offender to engage in sexual activity with her, the charge can still be prosecuted.
Laws Against Sexual Abuse of Children
Child sex abuse
Child molestation is defined in Colorado’s criminal code as any sexual intercourse or other sexual behavior with a child under 14 that is done knowingly or willfully. Cases involving victims between the ages of 14 and 16, Colorado’s legal age of consent, are dealt with under a distinct statute known as “sexual misbehavior with a minor.”
For the most part, child molesting is a Level 3 felony with a maximum sentence of 10 years in prison and a maximum fine of $10,000. However, if the defendant is at least 21 years old and the offense is committed with or without the threat of deadly force or carrying a deadly weapon,
- The charge can be elevated to a Level 1 felony.
- the crime causes a major bodily injury
- Providing a drug or a controlled substance to the victim without their knowledge aids in the commission of the crime.
- A sexually transmitted disease was transmitted since the defendant was aware that he or she was infected.
- Child molestation under these circumstances is punishable by up to 30 years in jail and a fine of $10,000.
Molestation of children under the age of 14 is considered a Level 4 felony if the defendant engages in or tolerates any fondling or touching to arouse or satisfy the sexual urges of either individual. The maximum penalty for this offense is four years in prison and $10,000 in fines. Level 2 felonies include:
- Fondling or touching with a deadly weapon.
- Furnishing the victim with a controlled substance without their knowledge.
- Massaging and touching while in possession of a deadly weapon or a lethal weapon.
Colorado’s criminal code recognizes that defendants in child molestation trials have at least one affirmative defense. The defendant may assert that they had a reasonable belief that the victim was at least 16 years old at the time of the act (Colorado’s consent age). This argument does not hold up if the offense was committed using or threatening lethal force or while armed with a deadly weapon.
The crime causes serious bodily harm or was made possible by giving the victim a drug or restricted substance without their consent.
Sexual Abuse Of A Minor.
If a person above 18 engages in or consents to sexual conduct with a minor between the ages of 14 and 16, they are considered to have engaged in sexual misconduct with a minor. In most cases, the crime is classified as a Level 5 felony, although it can be downgraded to a Level 4 felony if:
An additional punishment of 30 years in jail and $10,000 penalties can be handed out to those who conduct crimes with lethal force or while equipped with an illegal weapon, which are both examples of Level 1 felonies.
Serious bodily injury or the facilitation of the crime through the provision of a narcotic or prohibited substance to the victim without their knowledge are possible outcomes of criminal activity.
One of the most serious felonies in the United States is when an adult conducts or accepts any sexual contact with a minor, and the aim is to either stimulate or satisfy the other party’s sexual needs. Level 5 felonies can be escalated to level 2 felonies when the offender is at least 21 years of age or when the victim has been supplied with drugs or controlled substances, making this offense level 5 felonies in and of itself.
In Colorado, a person accused of sexual misconduct with a minor has several options for fighting the charges. However, if the offense was done with the use or threat of lethal force, with a dead person, or after a victim was inadvertently given a drug or controlled substance, the defendant is permitted to allege that the kid was at least 16 years old at the time of the misconduct. If the child in question is married, that is an affirmative defense.
It is possible for a third defense to the crime of sexual misconduct with minors if:
- the defendant and the victim were dating or in an ongoing personal relationship (but not familial relationships);
- the defendant is less than 21 years old;
- the crime was not committed by the use or threat of deadly force;
- the crime was not committed while armed with a deadly weapon
- the offense did not involve the use or threat of death or serious bodily harm; and
Child Abuse and Abuse
The state’s child exploitation legislation covers cases involving child pornography. A Level 5 criminal, exploiting children is the norm. When a person takes or distributes images of an underage person’s performance or occurrence that includes sexual conduct, the offense applies to all such occasions.
To be classified as child pornography, a performance or an incident must feature a child under 18 with his or her genitals exposed, or the female breasts must be displayed without the entirety of the nipple being entirely opaque.
Dissemination of child pornography is a crime in Colorado if the material is given to another individual for free or in exchange for something of value. This includes circumstances in which a person transfers a computer or hard drive containing sexually explicit content involving children under 18 to another individual with knowledge or purpose.
When pornographic material depicts or describes a child under the age of 18 who is engaged in bestiality, is mentally disabled or deficient, participates in sexual conduct by use of force or threat of force, or when the victim physically or verbally resists participating in sexual conduct, receives a bodily injury while participating in the sexual act, or is under the age of 18, it can be upgraded to a Level 4 felony.
- A Level 6 felony punishes anyone who owns or has access to child pornography,
- even if the images or drawings lack substantial literary, artistic, political, or scientific significance.
- Victims under 12 years old who are sexually assaulted,
- physically or verbally resist
- suffer a bodily injury while engaging in sexual activity are all considered Level 5 felonies when
- pornographic material depicting such acts is found in possession of the offender.
A maximum of four years in prison and a fine of up to $10,000 are the penalties for knowingly creating or spreading child pornography. It is illegal to possess child pornography, which is punishable by a maximum sentence of 1.5 years in prison and a fine of up to $10,000.
Sexting with a Minor
When adults in positions of power, authority, or trust engage in sexual conduct with minors between the ages of 16 and 18, they commit child seduction in Colorado. The law specifies six different groups of people who can be found guilty of child molestation, including both professionals and custodians:
Licensed professionals with a working relationship with children include child care providers, such as
- Foster parents,
- Adoptive parents,
- Mental health experts,
- Military recruiters,
- Law enforcement officials, and others.
There are a variety of scenarios that fall under the broad category of “child seduction,” all of which include an adult in a position of trust or authority seducing a minor by engaging in sexual activity, other forms of sexual conduct, or affectionate physical contact with a minor aged 16 to 18. The law is designed to punish people who abuse children by taking advantage of their positions of power.
Class D felonies, such as child molestation, are punishable by up to 1.5 years in jail and a fine of up to $10,000.
Involvement in the recruitment of minors
As defined by Colorado’s criminal code, a person 18 years of age and older can be charged with child solicitation when they command, authorize, urge, incite or advise an underage person to engage in sexual intercourse, other sexual conduct, fondling, or touching that is intended to arouse or satisfy the sexual desires of either person.
All forms of solicitation, from face-to-face encounters to phone calls and emails, might occur. It is a Level 5 crime to solicit children under the age of 14 to engage in sexual activity; however, it is downgraded to a Level 4 felony
- if the offender uses a computer network and travels to meet with the child or
- if they have previously been convicted of child solicitation unrelated to this case.
Child solicitation is classified as a Level 4 felony and carries a maximum 10-year prison sentence and a $10,000 fine. Only when the offense was committed over a computer network can the punishment be increased from 1.5 years to 4 years in prison, with a maximum fine of $10,000.
Victimization for the Pleasure of Others
To be considered guilty of vicarious sexual satisfaction, a defendant must have purposefully or recklessly encouraged sexual behavior in a minor under the age of 16 by way of instruction, assistance, inducement, or causation.
When the defendant leads, helps, induces, or causes a kid under 16 to touch or rub themselves or another child, the crime is a Level 5 felony punishable by a 1.5-year jail sentence. A Level 4 felony is committed when the victim is under the age of 14, and a Level 3 felony occurs when the following conditions are met:
- The offender uses or threatens to use deadly force or is armed with a lethal weapon.
- The offender provides the victim with drugs or controlled substances.
- The offender causes serious bodily injury.
Vicarious sexual enjoyment is a Level 4 felony for anyone over 18 who knowingly or willfully leads, helps, induces, or causes a minor to engage in sexual intercourse with another minor, indulge in bestiality, or engage in other sexual behavior with another person. It would become a Level 3 felony if any child implicated in the offense was under 14 at the time of the offense.
Laws Governing Sexual Assault and Abuse in Colorado
Sexual assault survivors, victims of child abuse, and the families of those who care for them can pursue private lawsuits against those involved in Colorado. It is possible to file a civil lawsuit in addition to criminal proceedings or even when the criminal justice system fails to prosecute a defendant.
Various civil liability theories, including assault, battery, and intentional infliction of emotional distress, allow victims of sexual assault and child sexual abuse to bring civil claims against the perpetrators. These third-party civil sex crime lawsuits, often launched under the legal theory of negligence by victims of sex abuse or assault, can also be made against any businesses, organizations, or institutions that assisted in the abuse or assault.
Children’s Sexual Abuse and Assault: The Duty to Protect
A fundamental duty to protect children from sexual abuse is recognized by Colorado civil law, and this duty extends to persons and organizations. There is a basic duty to protect the children in the care of these organizations and prevent child sexual abuse.
Adult sexual assault investigators are tasked with similar responsibilities. There is a fundamental responsibility for these institutions and organizations to ensure the safety and security of their participants; this includes providing proper security for their clients, students, or patients.
Violation Of A Person’s Duty To Exercise Care
A person’s responsibility of care entails certain obligations that must be met. If you knew your gynecologist was preparing to abuse you, you wouldn’t go to the doctor. No one would enroll in a university if they knew it would not adequately safeguard them from sexual abuse. Assaulting residents in a care home would be completely unacceptable.
Sexual assault and child sex abuse occur daily in this country, despite the obligation to care. It’s happening every day at the hands of a child in his or her classroom. Daily, a doctor makes sexually suggestive remarks to a patient. Every day, a new sex abuse victim comes to tell their experience.
However, civil courts in Colorado have recognized these as civil wrongs and criminal ones. As a result, survivors and their loved ones can take these institutions and organizations to court, demanding justice and financial compensation on their terms according to the idea of negligence. You have the power to demand change by raising your voice. You wield real authority.
Organizations that commit acts of negligence might be held liable.
Businesses and institutions failing to protect their customers and clients are liable for negligence. Put it another way, it occurs when the college or university fails to discipline an extremely dangerous sexual predator, allowing the student to commit more crimes against other students who are unaware.
It occurs when a daycare center fails to complete a thorough background check on an employee who has a history of sexually abusing children. A nurse or hospital manager may accidentally witness a doctor touching a patient, but they choose to keep their mouths shut about it.
The failure of a single person or a whole system might be construed as negligence. It can be displayed in a way that is obvious or one that is not. In most cases, it lurks beneath the surface, contributing to heinous atrocities across the nation.
Limitation periods for civil cases
There is a time restriction in Colorado’s strong civil law tradition that may allow you and your loved ones to sue the parties responsible. You have limited time to launch a lawsuit under the “statute of limitations” law.
It’s almost guaranteed that your lawsuit will be dismissed if you file it after the deadline. Make an appointment with a lawyer straight away so that you don’t lose your right to launch a lawsuit in the future. Act without delay.
Adult and juvenile sexual assault prosecutions in Colorado have unique statutes of limitations. It is understood that many children who have been sexually abused will take a long time to come forward with their stories. Therefore the state gives them more time to bring lawsuits.
Those who have been sexually assaulted as adults have a statute of limitations of two years to bring a case. The expiration of the statute of limitations begins on the date of the occurrence of the event. Victims of childhood sex abuse are given extra time to tell their stories.
A victim of sexual abuse has seven years from the date of their 18th birthday, or seven years from the date on which they knew or reasonably should have known that the abuse had occurred, in which to initiate a lawsuit. After four years, if you were a dependent of the person who mistreated you, you can file a claim.
Questions and Answers
Attorneys at our firm believe that survivors of sexual assault and abuse deserve a strong defense. You have a lot of legal options open to you, including the option of suing the people who caused your trauma.
- Are there any restrictions on who can sue for civil sex crimes?
- How can a lawsuit be brought against a person or entity?
- When a person files a lawsuit, what kind of damages might they expect to receive?
- How long does it take for a claim to be filed?
- Which of your lawyers should I hire?
- How much does it cost to file a lawsuit?
Who Is Eligible To Bring A Lawsuit For Sexual Assault?
The person mistreated or assaulted is the primary target of most sexual assault and abuse lawsuits. Those who have been sexually abused as children may sue on their behalf if they know they have a case. In circumstances of sexual abuse, parents can also initiate lawsuits on their children’s behalf.
Is There Anyone Who Can File A Lawsuit?
Plaintiffs may initiate civil actions against those directly responsible for a victim’s sexual assault or abuse, such as clergy or medical professionals who abuse minors or inflict harm on their patients.
Legal action can be taken against businesses, groups, or individuals who allow sexual assault and sexual abuse, such as Catholic dioceses, hospitals, and massage businesses that protect abusers and hide crimes from the police.
If you or someone you know has been the victim of institutional sexual assault, please contact our firm for a free consultation with one of our experienced attorneys.
Sexual assault cases against nursing homes have been filed together with sexual abuse lawsuits against daycare centers and demands of compensation against the Catholic Church. Besides the Boy Scouts of America, we’ve also filed lawsuits against massage spa chains, youth sports groups, and child sports leagues. These corporate defendants should be held liable for their negligence, concealment, and deception in aiding and abetting sexual abuse.
All of our lawyers take action against anyone or anything that supports sexual abuse by negligence or misconduct. But this does not include:
- A wide range of services is available to those in need,
- From nursing homes to hospitals,
- Psychiatric facilities to private and public schools, and colleges.
- Hotels, motels,
- Cruise ships,
- Vacation resorts,
- Bus and train companies,
- Law enforcement agencies,
- Prisons, youth sports organizations, and
- The US Olympic Committee are some of the most common targets of sexual harassment and
- Assault in the workplace.
If a security alarm company’s failure enables a deadly predator to break into a home, our attorneys are prepared to seek legal action.
Are There Any Legal Remedies For Damages?
Economic and non-economic damages are two of the most common damages that can be awarded in a sexual assault or assault lawsuit.
Economic damage is a financial loss that may be verified by evidence such as receipts and bills. Medical expenditures and missed payments, for example, are examples of economic damages.
Measuring non-economic damages is difficult, but they are no less essential. It is possible for those who have been sexually abused or assaulted to receive financial compensation for the physical and emotional suffering they’ve endured.
The following is a basic but incomplete, list of possible damages:
- Medical bills from the past and the future resulting from your injuries
- Suffering from the past as well as the future
- Permanent scars,
- Loss of function,
- mental or emotional anguish,
- A diminished quality of life are just a few of the problems that a divorce can bring.
Colorado does not have a broad cap on personal injury compensation. Colorado’s compensation statute is more intricate than those of certain other states. Colorado’s legislature has approved a cap on the number of damages awarded to medical malpractice victims.
Non-economic damages in medical malpractice lawsuits are capped at $500,000 in Colorado under the state’s damages cap. Since most sexual assault cases are filed as medical malpractice claims, this could hurt these cases.
The government’s culpability is capped at $5 million per instance under a second damages threshold.
Is there a time limit for a lawsuit to be filed?
The legislation known as the statute of limitations sets a time restriction for bringing a case. Civil and criminal statutes of limitations govern individual standards for bringing criminal charges against criminals. To be clear, the laws in Colorado will differ from those of other states because these are state laws, not federal ones.
In civil law, there are two statutes of limitations in sex crimes: one for adult victims of sexual assault and another for survivors of childhood sexual abuse. For the state of Colorado, these are the sole rules that apply.
Sexual Assault of Adults
Two years is the statute of limitations for sexual assault proceedings involving adults. Even though there are few exceptions, the clock starts ticking when sexual misconduct occurs.
Violations Against Children
For victims of childhood sex abuse, there is a longer period in which they can bring their claim. A child sexual abuse lawsuit statute of limitations is normally seven years but does not commence on the abuse date. Exceptions to this rule do exist. Beginning on their 18th birthday, survivors of sexual assault are eligible for up to seven years of treatment. Many survivors have until their 25th birthday to register a claim.
A discovery rule affects Colorado’s statute of limitations for child sexual abuse cases, which includes victims who may not understand what occurred to them or who may have suppressed their memories as a result of considerable trauma.
Sexual abuse survivors have seven years from when they discovered their injuries, including severe emotional distress, to file a compensation claim.
Children who have been abused by their parents, guardians or other people they depend on are protected by a second exception. When a dependency is terminated, survivors have four years from the date of termination to initiate a civil claim.
For what reasons should I engage the services of your Priest Abuse Lawyers?
So that we may successfully pursue your case, we have the resources and expertise to do so. Attorneys across the country that specialize in sexual abuse and sexual assault cases sponsor this website.
Our network has teamed up with Warrior Law, one of Colorado Springs’ most reputable law firms, to take on cases there. As a result of Jeff Gibson’s leadership, Warrior Law’s sexual abuse and assault litigation team has helped countless survivors find their voices after enduring awful traumas.
What Is The Average Cost Of A Lawsuit?
For us, money isn’t a roadblock in the way of justice for you and your loved ones. Claiming damages shouldn’t cost much; nothing should stand in your way.
That’s why our sexual assault and abuse lawyers always work on a contingency fee basis. If we don’t get compensation for you, you owe us nothing.
Your settlement or jury verdict provides us with a percentage of our pay. For our services, we don’t accept money before that point.
The consultation is free: Contact a Colorado Doctor Abuse Attorney for Help.
If you or a loved one has been a sexual assault or abuse victim, contact our team of dedicated personal injury lawyers now. The law protects you. Take immediate action. No one has the power to mute your cries. Warrior Law has the expertise and resources to help you through this tough time.
You may be able to sue for damages in a legal dispute. The decision to sue in the face of a bad event can be a powerful step in your journey to healing. You have the power to hold them accountable for their actions.
Get a free legal consultation now to learn more about your choices. The consultation is free, and there is no commitment to use our services. What if you’re concerned about the cost of litigation? Then don’t. Because our lawyers work on a contingency fee basis, you don’t have to pay us anything until we win your case.
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